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JACKSON GATHIRU KARIUKI V. REPUBLIC

(2002) JELR 101241 (CA)

Court of Appeal  •  Criminal Appeal 41 of 1994  •  4 Oct 2002  •  Kenya

Coram
Amrittal Bhagwanji Shah, Philip Kiptoo Tunoi, Emmanuel Okello O'Kubasu

Judgement

JUDGMENT OF THE COURT

Jackson Gathiru Kariuki, the appellant, who was the second accused in the Senior Resident Magistrate's court at Kiambu, was, on the 13th day of March, 1990, convicted along with one Ibrahim Wafula of seven counts. Both originally faced nine counts which we summarize as follows:

"1.Robbery with violence contrary to Section 296(2) of the Penal Code in that on 10th day of November, 1988 th e appellant and Ibrahim Wafula jointly with others not before the court robbed Trufena Wangui Kimani at Mwimuto Trading Centre, Kiambu District, of cash and other items and in so doing used personal violence on her.

2.Robbery with violence contrary to Section 296(2) of the Penal Code in that on the 19th day of September, 1988 the appellant and Ibrahim Wafula, at Ruaka village in Kiambu District, jointly with others not before court and being armed with a rifle robbed John Kihiu Njoroge of cash and other it ems and in so doing used personal violence on him.

3.Robbery with violence contโ€ฆ

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